United States Third Circuit

The petition for review of Federal Mine Safety and Health Review Commission's decision that the Federal Mine Safety and Health Administration (MSHA) had jurisdiction over petitioner-coal preparation facility is denied, where: 1) because petitioner was engaged in the "work of preparing the coal," as defined in the Federal Mine Safety and Health Act of 1977, MSHA's assertion of jurisdiction was proper; and 2) the Administrative Law Judge did not commit an abuse of discretion by failing to allow into evidence internal memoranda between MSHA employees regarding the non-assertion of jurisdiction over other facilities.

Appellate Information

• Decided 07/11/2014
• Published 07/11/2014

Judges

• FUENTES

Court

• United States Third Circuit

Counsel